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Conditions for Use of the Feng Office System

1. Background

1.1. "Feng Office" is a business management software platform that allows businesses to obtain significant efficiency gain in the planning, control, and execution of its business and operational processes. Feng Office is the property of Secure Data SRL (d/b/a "Feng Office").
1.2. When Feng Office is executed in the servers provided by the Feng Office, the service is referred to as "Feng Sky", and the Customer is allowed access for the use of the software applications and data storage.
1.3. When Feng Office is executed in servers not controlled by Feng Office, the service is referred to as "Feng Onsite, and the Customer is responsible for the control and the processing of the system and all stored information"
1.4. The Customer should be over 18 years old and must be a human being (automatically registered accounts are not accepted). Feng Office characteristics and the services it renders are known to the Customer, who hereby accepts them accordingly.

2. Object

2.1. Feng Office grants the Customer the licenses for use of Feng Office contracted according to the plan selected in Feng Office website, non-exclusively, untransferable, and for a limited time.
2.2. The Customer may not reproduce, copy, duplicate, sell, resell or exploit the product in whole or in part.
2.3. The Customer declares to know and accept, without any limitations whatsoever, the functionality and other conditions of Feng Office including, but not limited to, the backup and updating policies described hereunder.
2.4. Ownership of program copyrights, trademarks and dominion names hereby licensed are the exclusive property of Feng Office and are duly registered. This Agreement does not create any ownership rights whatsoever thereupon in favor of the Customer.
2.5. In order to have access to the use and benefits of Feng Office, the Customer must have the minimum Hardware and Software required to execute the system remotely, as detailed in Clause 17.

3. Price

3.1. The price for use of the Feng Office licenses issued and related services shall be this.
3.2. This amount shall be paid by the Customer pursuant to the established terms and conditions.
3.3. It shall be invoiced prior to the contracting period (monthly, semi-annually or annually), and is not refundable in the event of termination of the Agreement. The amount shall not be reimbursed for partial use of the service, or due to change of plan, cancellation of the service or lack of use of the system throughout the full contracted period.
3.4. The agreement shall be renewed automatically and successively for the same period as originally contracted, unless prior notice of non-renewal by the Customer, pursuant to Article 15.
3.5. All prices exclude taxes, the payment whereof shall be the Customer’s responsibility.

4. Conditions for Data Operation

With respect to the data housed in Feng Office’s servers as a result of the information supplied by the Customer, the following is hereby agreed:
4.1. The housed data shall be managed by Feng Office in order to allow access for consultation by the Customer. The veracity, accuracy and validity of the data provided by the Customer through Feng Office, and housed in Feng Office servers, are the exclusive responsibility of the Customer.
4.2. The data provided to Feng Office by the Customer shall not be disseminated without written authorization from the Customer, who shall be responsible for gathering the necessary corresponding legal consent from the owner thereof.
4.3. Upon termination of this use license by any of the modalities hereby agreed upon, the Customer must download his/her data.

5. Liabilities

5.1. Feng Office has the necessary means to prevent damages derived from its use, as well as an adequate policy for data backup, using specific high quality, reliable hardware to house data in individual sites, and its duly qualified staff is able to manage this system.
5.2. The Customer shall be the sole responsible party for the use he/she makes of Feng Office and for the decisions he/she makes based on its data, classifications, sorting, etc. offered by Feng Office.
5.3. In no case shall Feng Office be liable for the use of Feng Office or for the damages (whether they are damages caused to the Customer, direct or indirect, loss of profits, losses, moral damages, or due to any other compensation or fine) as a result of technical failures such as, for example, system, line, or server crashes, or any other causes beyond its control.
5.4. Feng Office shall be exempt from any responsibility in case of anomalies resulting from the user’s failure to comply with these operating or handling instructions.
5.5. The Customer shall refrain from marketing or sublicensing the licensed program in any way, as well as from using it to render remote information services, consultancies or data processing, unless such a modality is within its line of business.
5.6. The Customer shall protect intellectual property rights related to the distributed product and its applications.

6. Term

6.1. The term of the services contracted by the Customer is set forth in the chosen plan, according to the selected way of payment.
6.2. User rights acquired by the Customer in no case shall be transferable to third parties.
6.3. The license for use and annex services agreement shall be terminated in the event of dissolution of the contracting Company (the Customer).

7. Security, Privacy, and Data Protection

7.1. Feng Office takes all reasonable measures to provide the highest possible levels of Security, Privacy and Data Protection. For further information about how Feng Office handles Security and Privacy of Data, please refer to Feng Office Privacy and Security policies.
7.2. Feng Office may disclose the data referred to in this Article: (i) upon the prior written consent from the Customer; (ii) whenever the use thereof by involved technical staff is necessary for the strict execution of this agreement; or (iii) whenever required by a relevant authority.
7.3. Feng Office shall not make use of Customer data accessed through the use of Feng Office for any purpose other than that necessary for the strict execution of the contracted services.
7.4. Feng Office takes all necessary actions to ensure compliance with the European Parliament General Data Protection Regulation (EU 2016/679, aka GDPR)

8. Non-compliance

8.1. Whenever the Customer proves that Feng Office has failed to comply with its obligations, the Customer may request the termination of contracted services by confirmed written notice. Once the notification has been received, Feng Office shall remedy said failure within a thirty-day term. Upon the expiration whereof, should such failure continue, the Customer’s unilateral termination shall prevail.
8.2. The Customer’s non-compliance of any of the obligations assumed with Feng Office shall allow the latter to temporarily or definitely suspend service to the Customer immediately, with no liability whatsoever to Feng Office for this reason and without prejudice to any other rights it might be entitled to. Feng Office also reserves this right in the same conditions, to be applied at its discretion in cases of force majeure, fortuitous events or sovereign acts.

9. Communications

9.1. All communications to the other party shall be sent by e-mail to the address supplied by the Customer.

10. System Characteristics

The system covers the use of previously indicated contracted application software, housed in the Feng Office application server, operating on data bases stored in data base servers contracted by Feng Office, or operating on mobile computing, as appropriate.

11. Warranty

11.1. Feng Office guarantees that Feng Office operates substantially in accordance with technical documentation and instructions detailed on the web, and agrees to exert every necessary effort to correct any possible errors detected. Feng Office’s liability is limited to correcting errors, and does not generate any responsibility whatsoever, whether express or implied, on possible damages that may result to the licensee, directly or indirectly, in relation with the use of Feng Office.
11.2. Feng Office shall not be held responsible for carrying out development work that in any way alters the functionality of the system as a whole or of any of its elements in particular.
11.3. Feng Office is hereby totally excluded from any other type of warranty or liability, whether express or implied, including the guarantee of merchantability and fitness for a particular purpose, with respect to the program and any type of material that accompanies it. Feng Office shall in no case be liable to the Customer, or to third parties operating with it, for any damages, financial or other, arising from or related to software failures, interruptions or defects, or for any direct, indirect or consequential damages, or for any loss of profit, of use or any other loss, financial or other, arising from or connected to the licensing, use or inability to use the software.

12. Support

Feng Office will provide integral support service for the efficient operation of Feng Office in its original state, including the following:
1) Updating to new released versions of the product.
2) E-mail assistance for system reconfiguration and user support.
3) Identification of drawbacks due to operational accidents.
4) Services for work other than the contracted software support, such as configuration of network terminals, printers, Windows, Office, or any other software belonging to third parties, are hereby excluded. Any Such works work may be undertaken by Feng Office if requested, directly or indirectly, and shall be quoted and invoiced separately.
5) No assistance shall be provided if the Customer is not up to date with the payment of the service for the current month.
Technical support is provided only for users with payments up to date and is carried out by e-mail or through the ticket system.

13. Hosting Service

13.1. Feng Office shall host the Customer’s data in its own or hired servers.
13.2. The hosting service shall be available 24 hours a day, the 365 days of the year. Feng Office guarantees that the service will be available for over ninety nine per cent of the contracted time.
13.3. Feng Office shall have a high capacity connection service capable of withstanding the number of users who have contracted the service without threatening the performance for the Customer, within reasonable margins according to Feng Office’s criteria.
13.4. Feng Office will backup software and data bases daily. Feng Office will maintain the backups for a period of seven calendar days. Likewise, the Customer may backup his/her data at any time on the Customer’s own equipment.
13.5. Feng Office shall perform the maintenance on the program’s systems and on the equipment covered by the agreement.

14. Terms of Integration Through API

The Customer may access his/her data contained in Feng Office through an API (Application Program Interface). Any use of the API, including the use of products through third parties who access Feng Office, is subject to these terms and conditions. Any consequences this use may have on the product or on the Customer’s data or goods is the sole responsibility of the Customer. Feng Office shall not be held responsible for the data or losses produced by the use of API or third party products accessed through API.

15. Termination

The Customer may cancel the account at any time, by means of an e-mail from the same account that appears on the Feng Office registration.Thereupon, the Customer’s stored data shall be deleted from the service, and that information may not be retrieved.A thirty-day notice is required to stop the automatic renewal.

16. User Names and Passwords

In order to offer greater guarantees for the responsible operation of the software, Feng Office shall provide the Customer with a standard password. The Customer must provide his/her name, a valid e-mail address and all the other information required to complete the registration. Updating, maintaining and ensuring the security of the user name and password shall be the Customer's responsibility. The Customer shall be held responsible for the information and activity taking place under his user name. The login may only be used by one person. A shared login is not allowed. The standard password originally awarded by Feng Office must be changed.